Dallas Texas attorneys for wrongful death, traumatic brain injury

DAVID L. LEON, PC
Attorneys and Counselors at Law
Dallas, Texas

(214) 696-0021

Please click on a link below to learn more about our other practice areas:

BAD FAITH AND UNFAIR INSURANCE PRACTICES, WHAT YOU NEED TO KNOW

AUTO ACCIDENT FREQUENTLY ASKED QUESTIONS

WRONGFUL DEATH, TRAUMATIC BRAIN INJURIES, ESTATE AND PROBATE MATTERS, WHAT YOU NEED TO DO

PREMISES LIABILITY, NEGLIGENT SECURITY, SLIP AND FALL INFORMATION

BUSINESS AND COMMERCIAL MATTERS

Wrongful death, traumatic brain injury, probate and estate issues

Frequently asked questions:

What is the difference between a wrongful death claim and a survival claim?

In Texas, when someone is killed by the wrongful or negligent actions of another, there are two potential causes of action against the wrongdoer. The first is for damages that the deceased suffered prior to his or her death. This would be for the benefit of the heirs of the deceased person’s estate. The second action is for the family members (as defined in the Texas Wrongful Death statute) for the loss of the family member. Many times, these are the same people. If your family has lost a family member due to the negligence of another, contact our firm at (214) 696-0021 or via email.

I need to pursue a claim on behalf of a deceased family member. I’ve been told I need to go through probate. What is that?

Probate is the process by which you prove that a person is deceased and who should be entitled to the deceased person’s property (including ownership of a lawsuit for injuries sustained prior to death.) The deceased is commonly referred to as the "Decedent" and the property of the Decedent is called the “Estate.” If the Decedent had a will, then the will needs to be taken to probate court where a judge will rule on the will’s validity (called a “prove up”). During this process, the judge will appoint (typically per the terms of the will) a representative of the Decedent’s estate. This person is called an “executor” of the estate. We have done this for a number of clients. If you would like to discuss this in more detail, contact our firm at (214) 696-0021 or via email.

The deceased didn’t have a will / the victim is incapacitated but is not deceased. How can I get a personal representative appointed?

If the Decedent did not have a will, or the person is incapacitated but not deceased, then the identity of that person’s heirs will have to be established. In addition, an Application for Administration would need to be filed in order to have a judge appoint a personal representative of the estate. In this case, the personal representative of the estate would be called the “administrator” of the estate, if the person is deceased or the “guardian” if the person is incapacitated. The administrator would be responsible for collecting all estate assets (including prosecuting personal injury claims owned by the deceased), paying estate liabilities and distributing estate assets to the heirs. The guardian would be responsible for the care of the incapacitated person (called the “ward”). This includes prosecution of the personal injury claims suffered by the ward. Contact our firm at (214) 696-0021 or via email if you would like to discuss these matters further.

I can’t afford an attorney. Can you help?

In many cases, we can represent a person on a contingent fee basis. This means that you would pay no attorney fees or court costs unless and until we collect for you. Our firm’s fees would be a percentage of the total recovery of the case. Contact our firm at (214) 696-0021 or via email if you would like to discuss these matters further.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice regarding your own situation. Not certified by the Texas Board of Legal Specialization.